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(영문) 의정부지방법원 고양지원 2015.01.23 2014고단2772

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Around 02:20 on November 18, 2014, the Defendant driven a D Spart-type car under the influence of alcohol content of 0.126% at a section of about 20km from the 20km road located in Mapo-gu Seoul Metropolitan Government Joint-dong to the Sinyang-si, Seoyang-si, Seoyang-si, Sinyang-si.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) is a person engaging in driving a motor vehicle in a D SP area.

At around 02:20 on November 18, 2014, the Defendant sent the front distance of the modern department store, which is located 817 roads, in the number of Seoyang-gu Incheon Metropolitan City, Goyang-si, to the front of the modern department store, from the main room of the Padong to the dialogue-dong room.

At all times, the crosswalk was installed and the victim E (the age of 43) was crossing the pedestrian signal of the above crosswalk, so in such a case, the person engaged in driving service had a duty of care to thoroughly operate the front-time and to prevent accidents by properly operating the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along as it is, and the Defendant got off the road from the right side of the direction of the Defendant’s proceeding to the left side of the pedestrian signal.

Ultimately, at around 04:55 on November 19, 2014, the Defendant, by negligence in the above occupational negligence, escaped without taking necessary measures, such as stopping the victim immediately, even though it resulted in the death of the victim from the Japanese White Hospital located in 170, Seoyang-gu, Seoyang-gu, Solsan-si, U.S., U.S., which was under the influence of backing treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Each police statement made to F, G, and H;

1. A written report from an employee of an employer;

1. A death certificate;

1. Application of the Acts and subordinate statutes on photographics by cutting down a photograph related to an accident or a visual image;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and